Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166331 (ALL)

KUMARI PUNAM v. STATE OF U.P. THRU. ADDL SECY. HOME LKO.

ABAIL/1132/2025 · 2025-10-10

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1132 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed by the applicant in relation to FIR/Case Crime No.0262/2023, under Sections 419, 420, 467, 468, 471 of I.P.C., at Police Station - Cantt., District - Ayodhya. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. 4. It is further submitted that the applicant is carrying pregnancy of about 08 months, which can be inferred from Annexure No.4, Copy of Ultrasound Report of Ultrasound Center, situated at Female Hospital Road Gate, District Baliya and taking note of this aspect of the case as also the case of the prosecution according to which the applicant uploaded High School Marks-sheet of Maharshi Patanjali Sanskrit Sansthan, Bhopal, M.P. along with her application form for seeking appointment on the post of Gramin Dak Sevak in the department of Posts and also the fact that the applicant appeared in the High School Examination in the year 2014 of which the result was declared and the applicant was awarded the passed marks-sheet dated 30th May, 2014, from which it could be inferred that the High School Certificate of Maharshi Patanjali Sanskrit Sansthan, Bhopal, M.P. was uploaded inadvertently by the person who uploaded the Application Form, who infact was not the applicant and in these circumstances the applicant is entitled for the prayer sought in the application. 5. It is further submitted that the prosecution has already collected evidence by seeking report from the concerned University and as such the custodial interrogation of the applicant is not required in the matter. 6. It is next submitted that taking note of the entire aspect of the case, particularly the Versus Counsel for Applicant(s) : Alok Kr. Misra Counsel for Opposite Party(s) : G.A. Kumari Punam .....Applicant(s) State Of U.P. Thru. Addl Secy. Home Lko. .....Opposite Party(s) period of pregnancy of the applicant, the interest of the applicant be protected and the application be allowed. 7. Learned A.G.A. Shri Alok Tiwari has opposed the prayer based upon the complete instructions received but he could not dispute the fact pleaded by the learned counsel for the applicant with regard to the period of pregnancy in the month of April, 2025, as appears from the Annexure No.4 to the present application. 8. Taking note of the aforesaid, this Court finds that the applicant is entitled to interim protection. Accordingly, the application is allowed. 9. It is provided that in the event of arrest, the accused-applicant - Kumari Punam be released forthwith in the aforesaid case crime number on anticipatory bail on her furnishing a personal bond of Rs.25,000/- and two sureties in the like amount to the satisfaction of Station House Officer of the Police Station/Court concerned, with the following conditions:- (i) That the accused-applicants shall make herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. October 10, 2025 ML/- ABAIL No. 1132 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench